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> A new petition has
been submitted by Robin J. Rustan, Voiceforveterans@aol.com .
> The petition title is: Medical Malpractice Protection for Disabled Soldiers Serving in the Armed Forces USA.
> The petition URL is: http://www.PetitionOnline.com/midnight/petition.html
> The petition is directed to: Mandate Federal Legislation Changes to Protect Disabled Soldiers Rights
> The start date is: 2003.1020.
> The end date is: 2004.1020.
> The petition statement says:
The most familiar, and arguably,
the most unfair, exception to the FTCA, is known as the FERES (pronounced "fairies")
doctrine, which takes its name from an old United States Supreme Court decision,
FERES v. U.S, 340 U.S. 135 (1950). Under the FERES doctrine, members of the
United States armed forces are barred from making a claim against the United
States for personal injury or death arising "incident to service."
Military medical treatment received by a service member, while he/she is on
active duty has been held by the courts to be "incident to service,"
and, thus not actionable, even if that treatment was for a purely elective procedure,
and even if the procedure was performed negligently. The FERES doctrine has
also been applied to bar cases by service members in which the negligence, such
as being exposed to Agent Orange, occurred while the service member was on active
duty, but, where the injury did not become apparent until many years after the
service member had bee!
Voice For Veterans Services
Presents Special Petition to Create Resolution to Medical Malpractice for our disabled Soldiers injured while serving for our Country. www.vfvs.com hit Story Documents for full story
Whereas, Duty of Care was promised to each and every soldier with the best medical care made available while serving our Country.
Wheras, Military dependents are not barred by the FERES doctrine from bringing a claim for the physical injuries they, themselves, have suffered as a result of medical malpractice.
Wheras, Nor are military retirees barred by the FERES doctrine from bringing medical malpractice claim for injuries suffered after their retirement even if the medical treatment they received was for a service connected injury.
Therfore, be it resolved, That no service member in the USA Armed Forces will be barred from his or her medical rights from bringing medical malpractice claim for injuries suffered while serving our Country even if it is a service connected injury. Same rights as Officers and military Retirees and their dependents have.
Let your politicians in the House Senate and Congress know that you support and signed this petition to put a Halt to medical malpractice in Government Hospitals.
Mr. Robin J. Rustan, disabled Vietnan Veteran
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